[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3678 Received in Senate (RDS)]

103d CONGRESS
  2d Session
                                H. R. 3678


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 3 (legislative day, September 12), 1994

                                Received

_______________________________________________________________________

                                 AN ACT


 
To authorize the Secretary of the Interior to negotiate agreements for 
 the use of Outer Continental Shelf sand, gravel, and shell resources.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENTS.

    (a) Section 8 Amendments.--Section 8(k) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1337(k)) is amended--
            (1) by inserting ``(1)'' after ``(k)''; and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) Notwithstanding paragraph (1), the Secretary may negotiate 
with any person, an agreement for the use of outer Continental Shelf 
sand, gravel and shell resources--
            ``(i) for use in a program of, or project for, shore 
        protection, beach restoration, or coastal wetlands restoration 
        undertaken by a Federal, State, or local government agency; or
            ``(ii) for use in a construction project, other than a 
        project described in clause (i), that is funded in whole or in 
        part by or authorized by the Federal Government.
    ``(B) In carrying out a negotiation under this paragraph, the 
Secretary may assess a fee based on an assessment of the value of the 
resources and the public interest served by promoting development of 
the resources. No fee shall be assessed directly or indirectly under 
this subparagraph against an agency of the Federal Government.
    ``(C) The Secretary may, through this paragraph and in consultation 
with the Secretary of Commerce, seek to facilitate projects in the 
coastal zone, as such term is defined in section 304 of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1453), that promote the policy 
set forth in section 303 of that Act (16 U.S.C. 1452).
    ``(D) Any Federal agency which proposes to make use of sand, gravel 
and shell resources subject to the provisions of this Act shall enter 
into a Memorandum of Agreement with the Secretary concerning the 
potential use of those resources. The Secretary shall notify the 
Committee on Merchant Marine and Fisheries and the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate on any proposed project for the use 
of those resources prior to the use of those resources.''.
    (b) Section 20 Amendments.--Section 20(a) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1346(a)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``or other lease'' after ``any oil 
                and gas lease sale''; and
                    (B) by inserting ``or other mineral'' after 
                ``affected by oil and gas''; and
            (2) in paragraph (2), by inserting ``In the case of an 
        agreement under section 8(k)(2), each study required by 
        paragraph (1) of this subsection shall be commenced not later 
        than 6 months prior to commencing negotiations for such 
        agreement or the entering into the memorandum of agreement, as 
        the case may be.'' after ``scheduled before such date of 
        enactment.''.

            Passed the House of Representatives October 3, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.